Special Power Of Attorney For Property Matters

I have a property in Jabalpur registered in my name and my spouse. I am now with my wife in Bangalore and not able to travel to Jabalpur to handle basic issues, I would like to create a POA on my spouse's name. I'm not sure about the process, should ... Read More

I have a property in Jabalpur registered in my name and my spouse. I am now with my wife in Bangalore and not able to travel to Jabalpur to handle basic issues, I would like to create a POA on my spouse's name. I'm not sure about the process, should I use a stamp paper of MP? Where is the POA to be registered?
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Answers (2)

Team Legistify

Team Legistify

  • Sector-1, Noida

A Power of Attorney is a legal document giving the agent or lawyer of a person the power to act on behalf of him/her. A Power of Attorney gives the agent/lawyer the right to take legal decisions relating to the matters listed in the document. These matters may include management of property, finances, business decisions, etc. 

The Power of Attorney is prepared by the lawyer and the stamp duty is paid for its execution (in case of property matters). The lawyer/notary then attests the Power of Attorney. The Power of Attorney is then registered in the office of Sub-Registrar after paying the requisite registration fee. After registration, the General Power of Attorney or Special Power of Attorney can be collected.

Documents required for drafting Power of Attorney

  • ID Proof like Aadhar card, Voter ID card, driving license, passport, etc.
  • Address Proof like Aadhar card, driving license, passport, etc.
  • Information relevant for drafting of POA.
  • ID proof of witnesses.

You can get your Power of Attorney online through Legistify from anywhere in India.

Answered on 26 Feb 2019


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Advocate Vabhav | Legistify

Advocate Vabhav

  • Gautam Budh Nagar, Noida
  • Noida

With respect to your query, the legal opinion is as under:-

(1) You can execute Power of Attorney in favor of your wife delegating power to transfer your jabalpur property or to fulfill other duties to administer and lookafter the Jabalpur property.

(2) The Power of Attorney can be executed and registered at Bangalore also. The Stamp is also to be purchased for the purpose of Power of Attorney in Bangalore only. The Stamp paper on which the Power of Attorney deed shall be drafted cannot be purchased from Jabalpur. The Stamp paper is always acceptable only of a place/state where the deed is drafted and registered. The Power of Attorney can be executed and registered at any place in India. So there is no legal impediment if you execute special Power of Attorney in favor of your wife in Bangalore.

(3) The deed shall be drafted by any scribe working at registry office or by any advocate. Proper Stamp duty as per State rules is to be paid. Thereafter the document shall be presented before the sub-registrar office for registration. Nominal registration fees is to be paid which shall be deposited in the office of sub-registrar.

(4) However it is advised that you hire the services of some professional who will draft and get the Power of Attorney deed registered. However presence of executant as well as of the person who is to appointed Attorney is necessary before sub-registrar along with two witnesses.

Answered on 03 Mar 2019


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